Are Medical Malpractice Cases Hard To Win in Maryland?

 Posted on September 19, 2025 in Medical Malpractice

Medical malpractice cases are some of the hardest personal injury claims to prove in Maryland. Even if a doctor’s mistake seems clear, Maryland has strict rules on what counts as malpractice, what proof you need, and when you must file. An experienced Bowie, MD medical malpractice lawyer can explain these rules and help you understand your legal options.

What Gives a Medical Malpractice Case Merit?

Not every medical error is malpractice. To have a valid case, you must show that a doctor, nurse, or hospital did not meet the accepted "standard of care." This standard means the level of care another qualified medical professional would have provided in the same situation. For example, if a surgeon leaves a sponge in a patient after surgery, that clearly fails to meet the standard of care.

You also have to follow Maryland’s procedure for filing a medical malpractice claim. Under Maryland Courts & Judicial Proceedings § 3-2A-04, you must file a certificate from a qualified medical expert. That expert has to say that your claim has merit. If you do not file it, your case will likely be dismissed.

What Do You Have To Prove To Win a Medical Malpractice Case in Maryland?

As with any type of personal injury case, you have to provide evidence to support the four elements of negligence. According to Maryland Courts & Judicial Proceedings § 3-2A-02, you must show that:

• The healthcare provider owed you a duty of care as their patient. This is usually clear if you had an appointment, treatment, or were admitted to a hospital.

• The provider failed to uphold that duty. This refers back to that standard of care owed to every patient. Your certificate from a medical expert should explain how the provider’s actions fell below this standard.

• The breach of duty was the reason you were hurt. You must show it is more likely than not that the mistake, not your underlying illness, caused the injury.

• You have real losses. These can include medical bills, lost wages, future care needs, and pain and suffering.

Remember, you need all four elements. Even if a mistake happened, you cannot win unless it caused actual harm. For example, if a doctor writes the wrong prescription but you never take it and have no side effects, you likely do not have a claim. By contrast, if a delayed diagnosis lets a condition get worse, expert testimony can show how earlier treatment would have likely prevented the harm.

What Evidence Supports a Medical Malpractice Claim in Maryland?

The foundation of a winning medical malpractice case is strong evidence. Helpful proof includes medical records showing errors or missed diagnoses, expert testimony from doctors who can explain what went wrong, witness statements from nurses, staff, or family members, and financial records like bills and pay stubs. Photos, journals, or timelines of your symptoms can also support your claim.

Every case is different. Your attorney will help you gather the evidence you need to meet the high standards for proving negligence.

Contact a Bowie, MD Medical Malpractice Attorney Today

At Serafini Law, Attorney Andrew A. Serafini, Jr. has more than 12 years of experience practicing law and gives each client personal, supportive attention. He grew up in the area, stays active in the local community, and understands what Maryland families need during hard times. You can count on him to fight aggressively with insurance companies to secure your right to compensation.

If you or someone you love has been harmed by medical negligence, contact our Prince George's County, MD medical malpractice lawyer today at 240-744-1600 for a free consultation. We answer calls 24/7 and work on contingency, so you pay nothing unless we win your case.